This Regulation sets out the arrangements for issuing licences to road hauliers. It defines the conditions of issue and withdrawal.

ACT

Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States [See amending acts].

SUMMARY

The uniform arrangements for access to the market are based on the elimination of restrictions on service providers and a carriage authorisation scheme. They also aid progress towards the establishment of a European transport market.

Scope

These arrangements apply to the international carriage of goods by road carried out on European Union (EU) territory on behalf of a third party. For journeys linking a Member State to a third country, the arrangements apply to the journey carried out on the territory of the Member State of loading or unloading. In the latter case, an agreement between the EU and the third country in question is needed for the arrangements to apply.

Community authorisation

The Community authorisation is issued by a Member State for a period of five years to any carrier which is established in another Member State in accordance with the legislation there, and which is authorised to carry goods by road internationally.

The original copy of the authorisation is issued to the haulage company, which is the holder. The company also receives certified copies for each vehicle * that it uses. The authorisation is drawn up in the name of the carrier and is non-transferable. Copies must be kept in the vehicles and shown on demand to inspectors.

Driver attestation

The driver attestation is issued by the Member State of establishment to any haulage company which holds a Community authorisation and which in that Member State legally employs or uses drivers * who are nationals of a third country. It is issued in respect of each national of a third country employed by the company which is the holder of the authorisation. The attestation is the property of the company, which provides it to the driver of the designated vehicle.

The driver attestation is issued for a period which is laid down by the Member State of establishment. It may not, however, exceed five years.

Infringements and penalties

The Member States may check that the issuing conditions of the attestation or the authorisation are met. If this is not the case, they can refuse to issue or renew them.

Furthermore, the Member States are to inform the Commission, by 31 January of each year at the latest, of the number of companies which hold a Community authorisation and certified copies relating to vehicles on the road.

Where infringements are committed the Member States may impose penalties, such as the suspension or withdrawal of the driver attestation or the certified copies. They may also impose additional conditions on the issuing of attestations.

The Member States of establishment must also ensure that holders have the option of appealing against any penalty decision.

Key terms used in the act

Driver: person who drives a vehicle, or who is carried in that vehicle in order to be available for driving if necessary.

Vehicle: a motor vehicle registered in a Member State or a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.